One of the mistakes some people make when filing a patent application is not confirming if their invention is patentable. You don’t want to spend time trying to patent your idea only to find out it cannot be patented.
Here is what to know about this:
What can and cannot be patented
The United States Patent and Trademark Office (USPTO) has a detailed list of what can and cannot be patented. It’s vital to peruse this list before filing a patent application.
You can get a utility patent for a process, machine, article of manufacture, composition of matter or an improvement on any of these. A design patent is available for new, original, and ornamental designs for an article of manufacture. If you invent a new asexually reproduced plant variety, you can obtain a plant patent.
Examples of what cannot be patented include:
- Laws of nature, such as laws of physics, chemistry and biology
- Physical phenomena like gravity, magnetism, photosynthesis and electricity
- Abstract ideas, including mental processes and mathematical concepts
You also cannot patent an invention that is not useful, like perpetual motion machines, or one that’s offensive to public morality, such as procedures that can cause significant animal suffering or methods for modifying human genes in a way that may cause unintended consequences for future generations.
Lastly, some ideas can be protected by the USPTO but not through a patent. For instance, literary, dramatic, musical and artistic works cannot be patented, but a copyright can protect them. Thus, learn more about your idea to determine if you need a patent, trademark or copyright to avoid initiating the incorrect procedure.
It’s crucial to protect your invention. Work closely with an intellectual property attorney to determine the protection you need and the steps to take to ensure no one violates your rights.